VIC Debt from Foreign Country Through Inheritance - Can it be Pursued?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

SP1

Member
15 May 2016
2
0
1
Hello to all in the forums.

Can anyone provide help as to whether a social security debt which is part of an inheritance from outside of Australia can be pursued by that foreign country's social security agency including reclamation of the debt in the Australian court system?

Thanks
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Curious about what country allows debt to be passed through to beneficiaries.

Has a judgment been made in a court overseas? If the answer is no, then no legally recognised debt exists in Australia.

Certainly some judgments from overseas can be enforced here but you'd probably need to see a debt/international specialist for the right advice that fits your circumstances.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,936
820
2,894
Sydney
Did the deceased die in Australia?
 

SP1

Member
15 May 2016
2
0
1
As I can attest, French inheritance laws are different to Australian ones. Social security debts can be pursued even when there is no financial gain to be had from the estate. It will be pursued from you through the french legal system even if you reside overseas. They will send documents to you via registered mail , state law courts and the sheriff's office. Options are limited to either paying the debt or renouncing the right to the inheritance. Note that the latter when done is a slow bureaucratic process, to the point where you may not receive a response that it has been actioned. Your best bet in that regards is to contact defenseurs des droits (Ombudsman of sorts) to assist
Accueil They will want copies of all correspondence and timeline of events. This is a free service .